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A BILL TO BE ENTITLED
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AN ACT
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relating to the phaseout and repeal of the franchise tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Effective January 1, 2014, Sections |
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171.002(a) and (b), Tax Code, are amended to read as follows: |
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(a) Subject to Sections 171.003 and 171.1016 and except as |
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provided by Subsection (b), the rate of the franchise tax is 0.75 |
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[one] percent of taxable margin. |
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(b) Subject to Sections 171.003 and 171.1016, the rate of |
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the franchise tax is 0.38 [0.5] percent of taxable margin for those |
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taxable entities primarily engaged in retail or wholesale trade. |
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(b) This section applies only to a report originally due on |
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or after January 1, 2014. |
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SECTION 2. (a) Effective January 1, 2015, Sections |
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171.002(a) and (b), Tax Code, are amended to read as follows: |
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(a) Subject to Sections 171.003 and 171.1016 and except as |
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provided by Subsection (b), the rate of the franchise tax is 0.50 |
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[one] percent of taxable margin. |
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(b) Subject to Sections 171.003 and 171.1016, the rate of |
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the franchise tax is 0.25 [0.5] percent of taxable margin for those |
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taxable entities primarily engaged in retail or wholesale trade. |
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(b) This section applies only to a report originally due on |
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or after January 1, 2015. |
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SECTION 3. (a) Effective January 1, 2016, Sections |
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171.002(a) and (b), Tax Code, are amended to read as follows: |
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(a) Subject to Sections 171.003 and 171.1016 and except as |
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provided by Subsection (b), the rate of the franchise tax is 0.25 |
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[one] percent of taxable margin. |
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(b) Subject to Sections 171.003 and 171.1016, the rate of |
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the franchise tax is 0.13 [0.5] percent of taxable margin for those |
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taxable entities primarily engaged in retail or wholesale trade. |
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(b) This section applies only to a report originally due on |
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or after January 1, 2016. |
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SECTION 4. (a) Effective January 1, 2014, Section |
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171.1016(b), Tax Code, is amended to read as follows: |
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(b) The amount of the tax for which a taxable entity that |
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elects to pay the tax as provided by this section is liable is |
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computed by: |
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(1) determining the taxable entity's total revenue |
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from its entire business, as determined under Section 171.1011; |
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(2) apportioning the amount computed under |
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Subdivision (1) to this state, as provided by Section 171.106, to |
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determine the taxable entity's apportioned total revenue; and |
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(3) multiplying the amount computed under Subdivision |
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(2) by the rate of 0.43 [0.575] percent. |
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(b) This section applies only to a report originally due on |
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or after January 1, 2014. |
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SECTION 5. (a) Effective January 1, 2015, Section |
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171.1016(b), Tax Code, is amended to read as follows: |
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(b) The amount of the tax for which a taxable entity that |
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elects to pay the tax as provided by this section is liable is |
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computed by: |
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(1) determining the taxable entity's total revenue |
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from its entire business, as determined under Section 171.1011; |
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(2) apportioning the amount computed under |
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Subdivision (1) to this state, as provided by Section 171.106, to |
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determine the taxable entity's apportioned total revenue; and |
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(3) multiplying the amount computed under Subdivision |
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(2) by the rate of 0.29 [0.575] percent. |
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(b) This section applies only to a report originally due on |
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or after January 1, 2015. |
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SECTION 6. (a) Effective January 1, 2016, Section |
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171.1016(b), Tax Code, is amended to read as follows: |
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(b) The amount of the tax for which a taxable entity that |
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elects to pay the tax as provided by this section is liable is |
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computed by: |
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(1) determining the taxable entity's total revenue |
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from its entire business, as determined under Section 171.1011; |
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(2) apportioning the amount computed under |
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Subdivision (1) to this state, as provided by Section 171.106, to |
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determine the taxable entity's apportioned total revenue; and |
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(3) multiplying the amount computed under Subdivision |
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(2) by the rate of 0.14 [0.575] percent. |
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(b) This section applies only to a report originally due on |
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or after January 1, 2016. |
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SECTION 7. Section 171.006(b), Tax Code, is amended to read |
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as follows: |
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(b) Beginning in 2010, on January 1 of each even-numbered |
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year, the amounts prescribed by Sections 171.002(d)(2)[,
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171.0021,] and 171.1013(c) are increased or decreased by an amount |
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equal to the amount prescribed by those sections on December 31 of |
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the preceding year multiplied by the percentage increase or |
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decrease during the preceding state fiscal biennium in the consumer |
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price index and rounded to the nearest $10,000. |
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SECTION 8. Section 171.362(f), Tax Code, is amended to read |
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as follows: |
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(f) In addition to any other penalty authorized by this |
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section, a taxable entity that owes a tax for a reporting period and |
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[who] fails to file a report for the reporting period as required by |
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this chapter shall pay a penalty of $50. The penalty provided by |
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this subsection is assessed without regard to whether the taxable |
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entity subsequently files the report [or whether any taxes were due
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from the taxable entity for the reporting period under the required
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report]. |
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SECTION 9. Section 1(c), Chapter 286 (H.B. 4765), Acts of |
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the 81st Legislature, Regular Session, 2009, as amended by Section |
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37.01, Chapter 4 (S.B. 1), Acts of the 82nd Legislature, 1st Called |
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Session, 2011, is repealed. |
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SECTION 10. Section 2, Chapter 286 (H.B. 4765), Acts of the |
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81st Legislature, Regular Session, 2009, as amended by Section |
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37.02, Chapter 4 (S.B. 1), Acts of the 82nd Legislature, 1st Called |
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Session, 2011, and which amended former Subsection (d), Section |
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171.002, Tax Code, is repealed. |
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SECTION 11. Section 3, Chapter 286 (H.B. 4765), Acts of the |
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81st Legislature, Regular Session, 2009, as amended by Section |
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37.03, Chapter 4 (S.B. 1), Acts of the 82nd Legislature, 1st Called |
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Session, 2011, and which amended former Subsection (a), Section |
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171.0021, Tax Code, is repealed. |
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SECTION 12. (a) Chapter 171, Tax Code, is repealed. |
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(b) A taxable entity that is subject to the franchise tax |
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imposed under Chapter 171, Tax Code, on December 31, 2016, shall |
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file a final franchise tax return and pay a transitional tax as |
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required by this subsection on or before May 15, 2017. The |
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transitional tax is equal to the tax the taxable entity would have |
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paid in 2017 under Chapter 171, Tax Code, if Chapter 171, Tax Code, |
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had not been repealed. The provisions of Chapter 171, Tax Code, |
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relating to the computation and payment of the franchise tax remain |
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in effect after the repeal of Chapter 171, Tax Code, by this section |
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for the purposes of computing and paying the transitional tax |
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required by this subsection. |
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(c) Chapter 171, Tax Code, and Subtitle B, Title 2, Tax |
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Code, continue to apply to audits, deficiencies, redeterminations, |
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and refunds of any tax due or collected under Chapter 171, including |
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the tax due as provided by Subsection (b) of this section, until |
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barred by limitations. |
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(d) The repeal of Chapter 171, Tax Code, does not affect: |
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(1) the status of a taxable entity that has had its |
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corporate privileges, certificate of authority, certificate of |
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organization, certificate of limited partnership, corporate |
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charter, or registration revoked, suit filed against it, or a |
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receiver appointed under Subchapter F, G, or H of that chapter; |
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(2) the ability of the comptroller, secretary of |
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state, or attorney general to take action against a taxable entity |
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under Subchapter F, G, or H of that chapter for actions that took |
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place before the repeal; or |
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(3) the right of a taxable entity to contest a |
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forfeiture, revocation, lawsuit, or appointment of a receiver under |
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Subchapter F, G, or H of that chapter. |
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(e) This section takes effect January 1, 2017. |
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SECTION 13. Sections 171.0021 and 171.1016(d), Tax Code, |
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are repealed. |
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SECTION 14. Except as otherwise provided by this Act, this |
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Act applies only to a report originally due on or after the |
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effective date of this Act. |
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SECTION 15. Except as otherwise provided by this Act, this |
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Act takes effect January 1, 2014. |